MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS - Chairman

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN M. ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA 93291

(559) 636-5000

FAX (559) 733-6898


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS,

THE TULARE COUNTY REDEVELOPMENT AGENCY AND

THE TULARE COUNTY FLOOD CONTROL DISTRICT

 

August 30, 2011

9:00 A.M. Board Convenes

 

PLEDGE OF ALLEGIANCE

Moment of Silence

 

 

NOTICE TO THE PUBLIC

PUBLIC COMMENT PERIOD

At this time, members of the public may comment on any item not appearing on the agenda. Under state law, matters presented under this item cannot be discussed or acted upon by the Board at this time. For items appearing on the agenda, the public is invited to make comments at the time the item comes up for Board consideration. Any person addressing the Board will be limited to a maximum of three (3) minutes so that all interested parties have an opportunity to speak with a total of fifteen (15) minutes allotted for the Public Comment Period. At all times, please use the microphone and state your name and address for the record.


(Public Comment Period)

 

1.                  Adopt a Resolution proclaiming September 4, 2011 - September 10, 2011 as "Suicide Prevention Week" in Tulare County.

2.                  Adopt a Resolution proclaiming the month of September 2011 as "Alcohol & Drug Addiction Recovery Month" in Tulare County.

3.                  Authorize the Tulare County Health and Human Services Agency, Health Services Department to accept and spend the $2,000 grant award received from Target for the purchase of books distributed via the Reach Out and Read Program currently in effect in Tulare County Healthcare Centers.

4.                  Public Comments.

5.                  Board of Supervisors Matters.

6.                  1:30 p.m. Joint meeting with Planning Commission to receive an update from staff regarding staff review of comments received on the General Plan 2030 Update Goals and Policies Report, Climate Action Plan and Draft Recirculated Environmental Impact Report circulated for public review March 25, 2010 to May 27, 2010. Authorize staff to release the Final Environmental Impact Report and supporting documents to the public and pertinent public agencies at the appropriate time in compliance with the 10 day review period specified in Public Resources Code Section 21092.5. Authorize staff to set a public hearing before the Planning Commission on October 19, 2011 to be conducted in a single day, consecutive day, or two week format. Request the Planning Commission to return recommendations to the Board of Supervisors regarding the General Plan 2030 Update, certification of the Final EIR, and approval of the Climate Action Plan.

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

7.                  PUBLIC HEARING: Request from the Sheriff's Department to approve the proposed expenditures of the Secure Rural Schools and Community Self Determination Act of 2000 and authorize the purchase of each of the items on the Spending Plan.

8.                  PUBLIC HEARING: Request from the County Administrative Office to adopt a final plan for redistricting of supervisorial boundaries.

(Consent Calendar)

CONSENT CALENDAR (Number 9 through 50)

 

 

NOTICE TO THE PUBLIC

Background information has been provided to the board on all matters listed under the Consent Agenda, and these items are considered to be routine by the Board. All items under the Consent Agenda are normally approved by one motion. If discussion is requested by any Board members on any item, that item will be removed from the Consent Agenda if separate action is required.

 

 

 

Agricultural Commissioner/Sealer

9.                  Approve an agreement with the California Department of Food and Agriculture in the amount of $106,263 to provide funding for European Grapevine Moth detection trapping, retroactive to July 1, 2011 through December 31, 2011. Find that the Board had authority to enter into the proposed agreement as of July 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

 

10.             Approve an agreement with the California Department of Food and Agriculture in the amount of $82,371 to provide funding for the European Grapevine Moth detection trapping, retroactive to February 1, 2011 through June 30, 2011. Find that the Board had authority to enter into the proposed agreement as of February 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

11.             Approve an agreement with the California Department of Food and Agriculture in the amount of $40,278 to provide funding for enforcing Federal Domestic Quarantine 7 CFR 301.92 for Sudden Oak Death inspection activities, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the proposed agreement as of July 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

12.             Approve an agreement with the California Department of Food and Agriculture in the amount of $26,404 to provide funding for the enforcement of the California Food and Agriculture Code pertaining to high-risk shipments of plant material and bees, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the proposed agreement as of July 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

13.             Approve an agreement with the California Department of Food and Agriculture in the amount of $35,178 to provide funding for the enforcing of the California Nursery Stock Law, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the proposed agreement as of July 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

Auditor-Controller/Registrar of Voters

14.             Consolidate the District and Municipal Elections with the Consolidated Districts Election and any other election which may be held within the jurisdiction of said Districts on Tuesday, November 8, 2011. Authorize the Election Official to perform all necessary and required services to the aforementioned Districts relating to the conduct of the Special Districts and Municipal Elections. Consent to the consolidation of these elections and the procedures to be used in the conduct of the consolidated election, and said consolidation shall adhere to the following provisions and those set forth in Section 10400 and following of the Elections Code. Agree that each individual District shall pay for the Candidate's Statement, unless otherwise indicated in that District's resolution calling for consolidation, or as modified pursuant to law. Agree that each individual District shall reimburse the County in full for the services performed in connection with these elections, upon presentation of a bill from the Election Official to the District.

Board of Supervisors

15.             Approve a Resolution to support the Native American Cultural Center project in the City of Tulare.

16.             Appoint Mark Larsen to the Tulare County Flood Control District, Member #3, for a term ending September 1, 2014.

17.             Appoint Robin Skiles, Member At-Large to the Mental Health Board for a term ending December 31, 2013 and Cheryl Perkins, Member At-Large for a term ending December 31, 2012.

18.             Appoint Joe Ruiz, Jr. to the Indian Gaming Local Benefit Committee, Mutually Selected Member, for a term ending June 30, 2013.

19.             Reappoint Angela Ruiz-Alvarez - District 4 Representative, Donnie Moore - Member at Large, and Rev. Julie Cheney - District 5 Representative to the Tulare County Youth Commission for terms ending June 24, 2014.

20.             Ratify a Proclamation to recognize Sundays as "Eat Local, Buy California Grown Day" in Tulare County.

County Administrative Office

21.             Approve an agreement with BMY Construction Group, Inc. for the Fire Station 9 Alpaugh Project in the amount of $334,000. Authorize the Chairman to sign the construction agreement upon receipt of certificates of insurance, bonds, and contract subject to review and approval as to form by County Counsel.

District Attorney

22.             Approve an Equitable Sharing Agreement and Certification with the U.S. Department of Justice for Fiscal Year 2011/2012, retroactive to July 1, 2011. Find that the Board had authority to enter into the 2011/2012 agreement as of July 1, 2011, and that it was in the County's best interest to enter into the agreement on that date. Approve an Equitable Sharing Agreement and Certification with the U.S. Department of Justice for Fiscal Year 2010/2011, retroactive to July 1, 2010. Find that the Board had authority to enter into the 2010/2011agreement as of July 1, 2010, and that it was in the County's best interest to enter into the agreement on that date. Approve an Equitable Sharing Agreement and Certification with the U.S. Department of Justice for Fiscal Year 2009/2010, retroactive to July 1, 2009. Find that the Board had authority to enter into the 2009/2010 agreement as of July 1, 2009, and that it was in the County's best interest to enter into the agreement on that date.

General Services

23.             Approve an agreement for Purchase of Real Property from Helmut an Ingeborg Kaunzinger for the Avenue 416/Kings River Bridge Replacement Project in the amount of $75,000, retroactive to August 3, 2011. Find that the Board had authority to enter into the proposed agreement as of August 3, 2011, and that it was in the County's best interest to enter into the agreement on that date. Authorize the County Administrative Officer, or his designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $76,500 in favor of Chicago Title Company.

 

24.             Approve an agreement for Purchase of Real Property from Steven and Hilda Stoll for the Avenue 416/Kings River Bridge Replacement Project in the amount of $71,850, retroactive to August 3, 2011. Find that the Board had authority to enter into the proposed agreement as of August 3, 2011, and that it was in the County's best interest to enter into the agreement on that date. Authorize the County Administrative Officer, or his designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $73,350 in favor of Chicago Title Company.

25.             Approve and ratify the agreement for Purchase of Real Property from Home Vineyard Company for the Avenue 416/Kings River Bridge Replacement Project in the amount of $100,000, retroactive to August 3, 2011. Find that the Board had authority to enter into the proposed agreement as of August 3, 2011, and that it was in the County's best interest to enter into the agreement on that date. Authorize the County Administrative Officer, or his designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the amount of $102,000 in favor of Chicago Title Company.

Health & Human Services Agency

26.             Approve an agreement with Golden State Family Services, Inc. to provide Intensive Foster Care Services, retroactive to July 1, 2011. Find that the Board had authority to enter into the proposed agreement as of July 1, 2011 and that it was in the County's best interest to enter into the agreement on that date.

27.             Approve a Memorandum of Understanding between Tulare County Health and Human Services Agency and the University of California Berkeley Optometric Eye Center in the amount of $15,000 for the provision of Diabetic Retinopathy Screening, equipment, and software, retroactive to January 1, 2011. Find that the Board had authority to enter into the proposed Memorandum of Understanding as of January 1, 2011, and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

28.             Approve an amendment to Agreement No. 20039 with Clean Harbors Environmental Services, Inc. in the amount of $155,000 to provide transportation and disposal of household hazardous waste, retroactive to July 1, 2011. Find that the Board had authority to enter into the proposed amendment on July 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

29.             Ratify and approve the license agreement with Medical Reserve Corps to allow Dr. Karen Haught, or her appointed designee, to sign the authorization form for the use of the logo for the Medical Reserve Corps, retroactive to August 4, 2011. Find that the Board had authority to enter into the proposed agreement as of August 4, 2011, and that it was in the County's best interest to enter into the agreement on that date. Ratify the signature of Dr. Karen Haught, or her appointed designee, for the logo usage for the Medical Reserve Corps to August 4, 2011.

30.             Approve an agreement with Monarch Obstetrics Management Services, Inc. in an amount not to exceed $1,533,000 ($511,000 per year for three (3) years) to provide obstetrics coverage services from September 1, 2011 through June 30, 2014.

31.             Approve Tulare County's California Outcomes and Accountability System County Self-Assessment, which is part of Assembly Bill 636, better known as California's Child Welfare System Improvement and Accountability Act of 2001 to improve outcomes for children. Authorize the Tulare County Health & Human Services Agency Director and the Tulare County Probation Department Chief to sign the County Self-Assessment and submit the proposed Tulare County Self-Assessment to the California Department of Social Services (CDSS).

Information & Communications Technology

32.             Approve the revision of Resolution No. 2011-0567 to revise the job descriptions for IT Business Intelligence I/II and IT Business Intelligence III, effective July 26, 2011. Subject to meet and confer.

33.             Approve an amendment to Agreement No. 25130 with Chicago Title to change wording of Paragraph 3, Compensation and Costs. Approve an amendment to Agreement No. 25131 with Data Trace to change wording of Paragraph 3, Compensation and Costs. Approve an amendment to Agreement No. 25132 with First American Title to change wording of Paragraph 3, Compensation and Costs.

Probation

34.             Approve an amendment to Agreement No. 23448 with the City of Visalia for services provided by the Probation Department Juvenile Work Program, retroactive from July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the proposed agreement as of July 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

35.             Approve an agreement with the State of California, Corrections Standards Authority for the Juvenile Accountability Block Grant Program, to accept funding in the amount of $43,712, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to enter into the agreement on July 1, 2011 and that it was in the County's best interest to enter into the agreement on that date. Agree to provide all matching funds required for said project, and abide by the statutes and regulations governing the Juvenile Accountability Block Grant Program, as well as the terms and conditions of the Grant Agreement as set forth by the CSA. Find that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

36.             Accept 2011 Realignment Legislation (AB 109) start up funding from the State of California in the amount of $156,035 for Fiscal Year 2011/2012 for shifting custodial supervision responsibility for non-serious, non-violent and non-sex offenders from the California Department of Corrections and Rehabilitation to counties. Approve the necessary adjustments (4/5ths vote required).

Resource Management Agency

37.             Approve an amendment to Agreement No. 24817 with Tulare County Association of Governments to extend the term of the agreement to December 31, 2011 for providing transit services to the College of Sequoias, retroactive to August 1, 2011 through December 31, 2011. The amendment was proposed to the County of Tulare without sufficient time to meet the County timeline for agenda item submission by August 1, 2011. Find that the Board had authority to enter into the proposed amendment as of August 1, 2011, and that it was in the County's best interest to enter into the amendment on that date.

38.             Approve a loan in the amount of $630,200 from the Community Development Block Grant to Self-Help Enterprises, Inc. for the construction of the Vera Cruz Village Apartments Rehabilitation Project in Richgrove. The Loan Agreement is subject to County Counsel review and approval. Authorize the Resource Management Agency Director, or his designee, to act on behalf of the County in all administrative matters pertaining to this agreement. Request the Auditor-Controller to issue warrants.

39.             Approve and award the contract to the lowest responsive and responsible bidder, Madco Electric, Inc. of Selma, California, in the amount of $425,687.40 for construction of a Traffic Signal at Avenue 280 and Road 180. Authorize the Chairman to sign the contract after review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractors License. Allow funds for a contingency in the amount of $42,600 (10%) to cover unexpected construction conditions.

40.             Accept the work for construction of the Earlimart Landfill Final Closure Construction Project as complete by Wood Bros., Incorporated of Lemoore, California. Direct the Clerk of the Board to have the Notice of Completion recorded with the County Clerk/Recorder.

41.             Elect to receive the "full County payment amount" in the amount of $614,831 from the Secure Rural Schools and Community Self Determination Act of 2000. Designate eight percent (8%) of the "full County payment amount" to Title II (Special Projects on Federal Lands) and seven percent (7%) to Title III (County Funds) for Fiscal Year 2011/2012.

42.             Approve an Escrow Agreement with BMY Construction Group Inc. for Security Deposits in Lieu of Retention for the Visalia Landfill Entrance Facility and Recycling Center Project.

43.             FOR INFORMATION ONLY: Bid Opening Results for Asphalt Overlay on Avenue 384 from Road 92 to Road 108:

Contractor

Total

 

Glenn Wells Construction

$ 635,793.97

 

W Jaxon Baker

$ 639,749.00

 

Granite Construction

$ 679,381.65

 

Agee Construction

$ 679,612.25

 

Lees Paving

$ 688,771.09

 

Don Berry Construction

$ 692,753.00

 

Teichert Construction

$ 695,419.05

 

Boman Asphalt

$ 748,885.00

 

 

 

 

Engineers Estimate

$ 667,792.75

 

 

 

44.             Direct the County Auditor-Controller to suspend the $12,000,000 tax increment revenue limit established by the Cutler-Orosi Plan, Section 570.1, for the Cutler-Orosi Redevelopment Project Area pursuant to Health and Safety Code Section 33333.8. Direct the Tulare County Redevelopment Agency to fulfill the affordable housing obligation.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

45.             Direct the County Auditor-Controller to suspend the $12,000,000 tax increment revenue limit established by the Cutler-Orosi Plan, Section 570.1, for the Cutler-Orosi Redevelopment Project Area pursuant to Health and Safety Code Section 33333.8. Direct the Tulare County Redevelopment Agency to fulfill the affordable housing obligation.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

46.             Rescind Resolution No. F 72-1. Approve new Resolution governing composition and appointment of members, and duties of the Tulare County Flood Control Commission for the Tulare County Flood Control District.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

CONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

47.             Approve an amendment to Agreement No. 24453 to reimburse Exeter Police Department for services on the Tulare County Inter-Agency Narcotics Enforcement Team, retroactive to May 15, 2011 through June 30, 2011, with funding from Tulare County Agreement No. 24490. Find that the Board had authority to enter into the proposed agreement as of May 15, 2011, and that it was in the County's best interest to enter into the agreement on that date.

48.             Approve an amendment to Agreement No. 23280 to have a Sheriff's Deputy assigned as a School Resource Officer at the Charter Alternative Academy for the 2011/2012 School Year, retroactive to August 8, 2011 through June 6, 2012. Find that the Board had authority to enter into the proposed amendment as of August 8, 2011, and that it was in the County's best interest to enter into the amendment on that date.

49.             Approve amendments to Agreement 22949 (Alpaugh Unified School District), Agreement No. 22950 (Earlimart School District), Agreement No. 22951 (Pixley Union School District) and Agreement No. 22952 (Tipton Elementary School District) to have a Sheriff's Deputy to rotate as a School Resource Officer among schools in these districts for the 2011/12 School Year, retroactive to July 1, 2011, through June 30, 2012. Find that the Board had authority to enter into the proposed amendment as of July 1, 2011, and that it was in the County's best interest to enter into the amendment on that date.

 

 

50.             Accept 2011 Realignment Legislation (AB 109) start up funding from the State of California, in the amount of $243,190 for Fiscal Year 2011/2012 for shifting custodial supervision responsibility for non-serious, non-violent and non-sex offenders from the California Department of Corrections and Rehabilitation to counties. Approve a Personnel Resolution amending Fiscal Year 2011/2012 position allocation for the Sheriff's Department, adding one Accountant III. Approve the purchase of Capital Assets which include a transport van, convection oven, flat grill, and an 80 quart mixer. Approve the necessary budget adjustment (4/5ths vote required).

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

51.             Provide direction to the Resource Management Agency in the matter of amending Resolution No. 2010-0405 relating to how matters are referred to the Agricultural Advisory Committee.

(Closed Session)

 

CLOSED SESSION

 

NOTICE TO THE PUBLIC

CLOSED SESSIONS

As provided in the Ralph M. Brown Act, Government Code sections 54950 et seq., the Board of Supervisors may meet in closed session with members of its staff, county employees and its attorneys. These sessions are not open to the public and may not be attended by members of the public. The matters the Board will meet on in closed session are identified below or are those matters appropriately identified in open session as requiring immediate attention and arising after the posting of the agenda. Any public reports of action taken in the closed session will be made in accordance with Government Code sections 54957.1

 

It is the intention of the Board to meet in closed session concerning:

 

Sitting as the Tulare County Board of Supervisors

ITEM A

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (b)(1)]

Number of Potential Cases: 4

Threats of litigation in the public record regarding the proposed Tulare County General Plan 2030 Updated and Draft Environmental Impact Report; Board of Supervisors/ Planning Commission Joint Workshop August 30, 2011

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (b)(1)]

Number of Potential Cases: 1

Threatened litigation regarding supervisorial redistricting; Board of Supervisors Public Hearing August 30, 2011

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: James Van Valkenburg vs. County of Tulare et al.

Tulare County Superior Court Case Number 11-243113

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Cain, Jack vs. Tulare County

Tulare County Superior Court Case Number 10-239322

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: San Joaquin Valley Air Pollution Control District Notice of Violation Case Number: S11-0533, S11-0534

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: County of Tulare vs. Jeffrey Lee Nunes, Jr., et al.

Tulare County Superior Court 10-239660

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 3

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 3

Next Item(s) Sitting as...

ITEM I

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM J

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Riverside County Sheriff's Department vs. Jan Stiglitz, et al.

Court of Appeal, Fourth Appellate District, Division Two Case No. E052729

Next Item(s) Sitting as...

ITEM K

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: SEIU Local 521 vs. County of Tulare

Public Employment Relations Board, Charge No. SA-CE-748-M

 

Next Item(s) Sitting as...

ITEM L

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Jeff Cardell, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...